Marketing

Not shown: the empty bottle of Jack in this guy's carrel.

Last week, I derisively noted that legal blogs were pushing a silly story in U.S. News about great careers that you can pursue with a law degree. No matter how bad legal hiring gets, law schools like pushing the “you can do anything with a law degree” angle, based on the anecdotal evidence of those who were lucky enough to parlay their J.D. degrees into something non-legal.

Obviously, I’ve got some anecdotes of my own.

But here’s a job, a real live job, that’s actually being offered to law students as we speak (or type). If you really want to know “what you can do with a law degree,” take a freaking look….

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Tom Wallerstein

When Above the Law first covered my “adventure in shingle hanging,” I remember someone quipping that our only business came from attorney referrals and that we didn’t have our “own” clients. The comment wasn’t true, but I still found it interesting. Is a client who pays you money somehow not “your” client, or not a “real” client, just because the client was referred to you by another attorney? That doesn’t make a lot of sense to me.

But it is worth thinking about the different ways that solo and small law firms try to generate business. There is a valid distinction between approaching a prospective client and asking him to engage you, and approaching other lawyers and asking them to refer cases to you. I’m not sure one is necessarily superior to the other, but they are different approaches. I think of them as “direct” and “indirect” client solicitation.

I also distinguish “active” and “passive” methods. An active approach is where you identify your client and solicit them. A passive approach is where you do something that encourages clients to solicit you. Passive isn’t a pejorative; for example, a good website is an important part of passive business development.

So, I think business development efforts can fall into a matrix. Check it out, after the jump….

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Complete honesty is such a dangerous thing.

I’m going to give it a shot.

I’m posing three questions to myself today. First, why might a lawyer at a law firm choose to write articles? Second, what topics should lawyers write about, and where should they publish the articles? Finally, why might an in-house lawyer choose to write?

The honest truth is that outside lawyers choose to write for many, varied reasons. In-house lawyers might also choose to write for many reasons, but those reasons are different and fewer. Across the board, authors’ motivations for writing will be mixed.

Do I have a right to speak on the subject of publications? My credentials, in a nutshell, are these: Three books; twelve law review articles; two book chapters; about 70 other, shorter articles (in places ranging from The Wall Street Journal and the Chicago Tribune to Pharmaceutical Executive and Litigation); and maybe 600 blog posts (roughly 500 at Drug and Device Law and north of 100 here). Call me nuts (and I may well be), but I’ve spent a professional lifetime doing a ton of “recreational” legal writing.

Why did I do it? Should you?

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It’s tough being the managing partner of Bigg & Mediocre. All of the hard issues land on my desk. We’ve hired a new Chief Marketing Officer, and this guy recommends that we launch some firm-branded blogs. Press reports say that 94 percent of the AmLaw 100 plan to use blogs as part of their marketing efforts. I guess I have to make a decision; what should we do?

I’ve never actually visited a legal blog. I’ve certainly never subscribed to a good one (if there is such a thing, which I doubt). Someone once sent me a link to something called “Above the Law,” but that was just a post discussing our year-end bonuses.

To blog or not to blog: What’s a managing partner to do?

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How do you build a practice for a law firm?

Everyone has a theory; I’ll provide a case study.

In 1997, Congress was about to pass a law that would have been great for America, but horrific for business at the law firm at which I then worked. The firm thus (intelligently) created several committees to try to create new practices that could keep lawyers busy if the promised bill became law. I was asked to chair the “drug and device product liability business development committee.”

At the time, my firm did essentially no pharmaceutical product liability work. I’d helped to defend a set of medical device cases, which was about as close as anyone had come to actual experience in the pharmaceutical products field, so I was the natural choice to lead this effort. When given that assignment, what do you do? How do you build a practice essentially from scratch?

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In this column, I’m presenting you with a gift: I’m ghost-writing for you a law firm brochure. I hereby grant all copyright interest in my brochure to you. Feel free to reproduce the following brochure, print it up, attach your firm’s logo, mail or e-mail the brochure to clients and potential clients, and wait for business to beat a path to your door.

It’s yours, free of charge, courtesy of Above the Law and yours truly. Don’t say we’ve never done anything for you….

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I told you last week that today’s column would focus on “how to get my attention.” And I’ll let you know in a bit.

But first, let’s play “Which Biglaw Anecdote is True?” Here are the options:

(1) A partner at Law Firm A regularly has his briefcase sent to his home in a limo;
(2) Law Firm B is chock full of lawyers of all faiths and backgrounds, but holds its summer outing at a country club known for being “restricted”; or
(3) Attorneys at Law Firm C take a helicopter from the 34th Street heliport in Manhattan to a hearing in Connecticut — and then bill the client for it.

Which story is true?

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Like any well-adjusted adult, I blame my parents for all of my problems. You should too, at least when it comes to your name. For instance, if your parents named you Candy, then they ensured that you would become a stripper. Similarly, if your parents named you Stanley, then you were destined to become a tool.

There are a few exceptions where the name chosen by your parents guarantees that you will be a success. For example, if your parents named you “Valerie,” you were destined to become a star.

The luckiest of all, for our purposes at least, are those chosen few with the last name Small….

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Stop me if this sounds familiar to you:

The managing partner of your firm tells you and your colleagues that you all need to “do more marketing.” What that vague phrase means is unclear, but the partner feels it’s imperative. It’s the only way to bring in more business. Someone — maybe even you — ventures to ask for ideas on what kind of marketing you all should be doing.

Your fearless leader looks nonplussed for a moment, then shakes his head quickly like a dog drying himself and sputters, “Network. Get out there and network.” Meeting over.

Now you and your colleagues are left trying to divine just how to go about “marketing” and “networking.” There were no courses on these arcane arts in your non-T14 law school. (Fear not: The T14 law schools didn’t have those courses either.)

Finally, one of the group members — maybe even you — recalls getting an email blast about an upcoming networking event that you can all go to at the local chamber of commerce. “Great,” you chorus. But what are you supposed to do when you get there?

Don’t worry. Here are the six best tips for attending networking events:

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Many prominent people, including Chief Justice John Roberts and Judge Harry Edwards, have raised their voices about the increasing irrelevance of academic writing to practicing lawyers and judges. Yet, despite railing at the academy, those judges — and law firms, and sophisticated purchasers of legal services — all rely on the academics to identify talented lawyers. Law schools brand the beef, and purchasers buy based on the brand. What do I mean, and why is that process natural and appropriate?

Let’s start with an example for people coming right out of law school: How should judges pick law clerks? One way — perhaps even the “fair” way — would be for judges to assume that each of the 45,000 people graduating from law school is equally likely to make a fine clerk. Judges would solicit applications from all 45,000 and then start the process of sorting the good from the bad.

That cannot work, of course. Judges don’t have the resources (or, necessarily, the ability) to study transcripts, read writing samples, conduct interviews, and do the other spadework needed to assess all of those candidates comprehensively. And judges can’t externalize the cost of the screening process; there’s no person or institution that would play that role for an acceptable price.

What are judges to do? They rely on law schools to brand the beef.

Rant as they may about scholars producing unhelpful scholarship, most judges rely essentially unthinkingly on those same scholars to have separated the potentially gifted lawyers from the crowd. Judges assume that the best students went to the best law schools; that, after arriving, the more talented law students outperformed the less talented ones; and thus that the best performers at the best law schools will make the best clerks. Judges typically pick their clerks from among the top graduates of the elite schools. Judges may think that professors are insane when they’re selecting topics for their scholarship and then devoting months to researching and writing on those subjects, but those same judges rely on the same professors to brand the beef astutely. Whatever criteria law schools are using within the asylum to rank their students, the outside world seems quite happy with it.

Is that fair?

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